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Legislative Assembly for the ACT: 2003 Week 4 Hansard (3 April) . . Page.. 1388 ..

their concerns to the Chief Executive. In the ACT, no mandated person has been prosecuted so far relating to their failure to report abuse or neglect.

Mandated persons who fail to report abuse and/or neglect concerns may also be subject to internal disciplinary action within their own places of employment. Family Services does not have information relating to the children in question regarding this matter.

Further, in the event of a child death, it is the Coroner who makes findings in relation to causes of death and any associated negligence. In the case of the children subject to this question, the coroner's reports have not been released yet. Therefore, statements regarding negligence against any mandated person cannot be made until the coroner has made his/her findings and released their report.

5. The Coroner's report from the recent inquest will identify any systems issues that require attention in regards to compelling mandatory reporting.

Prior to the implementation of mandatory reporting the department provided extensive training for mandated professionals. Training on mandatory and voluntary reporting continues to be provided on a regular basis. Community education regarding child protection is a key component in the development of partnerships with the professional community. Such partnerships are the most effective way to help ensure the care and protection needs of children and young people are met.

Currently an education program is being undertaken, with a letter being sent to 15,000 mandated reporters to remind them all of their responsibilities under the Act. Regular training sessions are run by the Child Abuse Prevention and Education Unit in Family Services for community organisations.

No legal action has been taken against mandated persons in the ACT so far. This is consistent with other States who have mandatory reporting provisions. It should also be noted that responsibility to prosecute persons under the mandatory reporting requirement belongs to the police. This would be an option in cases of extreme negligence. A punitive approach to mandated reporters is inconsistent with the development of partnerships with the professional community.

6. Mandatory reporting has been introduced in all states in Australia with the exception of Western Australia who are currently reviewing this. It is important to note that mandatory reporting is aimed at bringing hidden abuse to light and is one method in a broader range of strategies to help ensure children and young people are protected. As such, mandatory reporting is not an end in itself and does not in itself protect children. The crucial factor is what actions are taken to protect children.

Although mandatory reporting did not result in a significant increase in reports to Family Services (as it had in some other jurisdictions), largely due to the training which occurred prior to its introduction, it has resulted in more timely interventions in a number of matters.

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